burglary

A man who repeatedly broke into property and stole tools and items being used to renovate a long-vacant farmhouse likely will
remain sentenced to 50 years in prison, even though the Indiana Court of Appeals vacated two of his convictions as violations
of the prohibition against double jeopardy.

A St. Joseph County man’s burglary conviction was reversed Monday by the Indiana Court of Appeals. The state’s
knowing use of perjured testimony to obtain the conviction led the panel to refer the case for possible disciplinary action
against a prosecutor.

The Indiana Court of Appeals found sufficient evidence to conclude that a man’s house qualified as a dwelling, thereby
supporting a defendant’s burglary conviction. But the judges sua sponte reviewed the trial court’s entry of judgment
and sentencing order and decided to send the matter back to the lower court.

A man who broke into the same property repeatedly and another property at a different time could not persuade an appellate
panel that his 24-year sentence was inappropriate because the crimes were from a single episode.

Because the state called a witness solely to impeach her with a pretrial statement, and the jury may have relied on the witness’s
testimony to convict the defendant, a majority on the Indiana Court of Appeals reversed burglary and receiving stolen property
convictions.

The Indiana Supreme Court on Tuesday reinstated a conviction vacated by the Indiana Court of Appeals. The high court unanimously
affirmed a conviction of Class C felony burglary with a habitual offender enhancement, finding a glove at the crime scene
with the suspect’s DNA was sufficient for a jury to determine guilt.

The Indiana Court of Appeals affirmed the denial of a man’s petition for post-conviction relief, finding he failed to
establish that he received ineffective assistance of trial counsel with respect to either the manner in which voir dire was
conducted or in the failure to object to the supplemental jury instruction defining “intentionally.”

Those who hoped to learn how the Supreme Court of the United States will rule on same-sex marriage likely will need to wait
until next week. The U.S. justices issued three opinions Thursday, although none were from the highly anticipated cases before
them.

The motion for discharge under Indiana Criminal Rule 4(C) by a man charged in connection with a gun shop burglary in Morgan
County was properly denied by the trial court, the Indiana Court of Appeals held Thursday. Much of the delay in bringing him
to trial within a year was attributable to the appellant, including his decision to flee after a hearing.

The Indiana Court of Appeals upheld a Franklin Circuit judge’s decision to require a defendant to pay restitution and
a fine after he entered into an open plea agreement on a burglary charge. But the judges instructed trial courts to consider
apportioning the amount of restitution among co-perpetrators in relation to each person’s contribution to the victim’s
loss.

Incriminating statements made to detectives during an early morning interrogation in the county jail have been thrown out
by the Indiana Supreme Court because the defendant had invoked his right to counsel at an interrogation two days before.

Worried that upholding a man’s conviction based solely on DNA presence on a glove found at a crime scene would create
a precedent for criminals to frame someone else, the Indiana Court of Appeals reversed a burglary conviction out of St. Joseph
County.

Because the extent of prior bad acts admitted into evidence during a man’s trial in Hancock County was “breathtaking,”
the Indiana Court of Appeals ordered he be retried on burglary and handgun charges.

Lamont Holloway argued that the state didn’t prove that he was the one who stole a television and gaming system from
his neighbor, but the Indiana Court of Appeals held that the evidence supports his burglary and theft convictions.

A Kentucky inmate brought to an Indiana court for sentencing on four burglary counts to which he pleaded guilty was deprived
due process when his new attorney was given only minutes to prepare, the Court of Appeals ruled.

A defendant convicted of a burglary in St. Joseph County challenged the admission of his prior statement to police while in
custody, arguing the statement couldn’t be allowed at his trial because a recorded version of the statement wasn’t
available at trial as required by Indiana Evidence Rule 617.

A divided Indiana Supreme Court ordered a new hearing for a man convicted of burglary whose restitution order had been thrown
out by the Court of Appeals because of insufficient evidence to support the amount of the award.

The 7th Circuit Court of Appeals dismissed a defendant’s argument that his three previous convictions of burglary should
be treated as a single criminal episode for purposes of the Armed Career Criminal Act.

Ruling on the issue for the first time, the Court of Appeals held a 911 recording that involves statements by a caller that
were relayed from a victim are admissible where the victim had personal knowledge of the underlying incident but the caller
did not.

The Indiana Court of Appeals affirmed Bret Lee Sisson’s felony convictions of burglary, theft, receiving stolen property
and unlawful possession of a firearm by a serious violent felon, finding no abuse of discretion or fundamental error during
his trial.

The true finding that a juvenile committed an act that would constitute the offense of attempted burglary, a class B felony,
was reversed by the Indiana Court of Appeals on the grounds the trial court made a fundamental error in admitting into evidence
the juvenile’s videotaped confession.